City of Des Moines v. Casady
Supreme Court of Iowa
Appeal from Polk District Court. A suit to recover of the defendants the cost of constructing certain sidewalks in front of their lots, which they had refused and neglected to do, after due notice, within the time prescribed, agreeably to the provisions of an ordinance of the.city passed for that purpose on the 13th day of June, 1861, and duly published, according to law, as is 'alleged. The defense consists in a denial of the complaint.
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Appeal from Polk District Court. A suit to recover of the defendants the cost of constructing certain sidewalks in front of their lots, which they had refused and neglected to do, after due notice, within the time prescribed, agreeably to the provisions of an ordinance of the.city passed for that purpose on the 13th day of June, 1861, and duly published, according to law, as is 'alleged. The defense consists in a denial of the complaint. The trial resulted in a judgment for plaintiff. The defendants, excepting to various rulings during the trial of the cause, appeal.
1Opinion of the Court
Lowe, Ch. J.
i. city ovdes Mouses : charter. I. The objection that the city had not passed from under its old charter; and that there was nothing to show that.it was now governed by , ,. , ... the general law relating to municipal corporations, under which alone it would have authority to proceed in the collection of this tax, does not commend *572itself to our favor. The record satisfies us that the change was made, and mere irregularities in effecting the same cannot avail themselves in a proceeding of this nature.
2. new tbiae: error without prejudice. II. If it be conceded there was error in…
2Cited by4 opinions
- Powers v. Iowa Central Railway Co.Supreme Court of Iowa · 1912
- Larkin v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1894
- Cleophas v. WalkerSupreme Court of Iowa · 1930
- O. C. Wilson Advertising Co. v. OrrAppellate Court of Illinois · 1916